Hi

I know that there is a six month waiting time to make a new claim for Incapacity Benefit after beeing deemed fit to work if there has not been a detioriation in the condition of the claimant.

However, after losing an appeal is the six month wait from the date of the original decision or the date of the appeal?

If a client wants to makes a new claim straight away losing an appeal is it best to claim JSA while they ask their GP if they will provide a sick note? I am concerned that if they claim Incapacity Benefit and the doctor will not supply a sick note that they may not get their first payment of JSA in time.

Thanks

The effective date is the date of the original decision and not the date of the tribunal decision. A person can make another claim within the 6-month period without a deterioration or new condition but will not be paid unless they subsequently pass a new PCA. Benefit would then be backdated to the date of the new claim. A person will have to claim JSA until they can get a sick note opening up a new period of incapacity for work.